How to respond to a Lawsuit in Kenya

Share

Author: Dennis

Have you been served with summons and complaint? Do not worry. It is normal for everyone to be sued at some point in their lives. Whether this is the result of a family dispute, an accident, defamation, a business argument, a land dispute, the inability to pay a debt, or a fictitious claim, Advocate Getter provides you with options you should consider if you have been served with a lawsuit.

After you have been served with the court documents, it is important to take immediate action. Ignoring the lawsuit is not an option. This article provides you with a step-by-step process on how to respond to a lawsuit in court in Kenya.

1. Understand the Deadline: Upon receiving the summons and complaint, carefully review the documents to determine the deadline for response. Typically, you'll have around 7-14 days to file a response. Meeting the deadline is crucial to avoid default judgments.
2. Evaluate Your Options: Consider your options for responding to the lawsuit. One common response is to file a defense, where you can admit or deny the allegations. The courts in Kenya encourage and support dispute resolution outside of court. Resolving disputes out of court is flexible time-effective, cost-efficient, and will give more control over the process and the results compared to litigation in court. If the dispute is complex, it's always important to involve a lawyer in the negotiations to settle the matter out of court.
3. Prepare Your Response: If the plaintiff or the claimant is not ready to settle the matter out of court, it is time to prepare your response. When filing a response, it is important to ensure that you address all relevant facts, allegations, and legal claims. It is also important to seek legal advice from a qualified advocate if you are not able to draft proper legal documents. Documents prepared for filing in court should mention all the facts. If you are not an advocate, it is important to consider seeking assistance from an advocate as courts in Kenya do not entertain improperly drafted documents.
4. File Your Response With the Court: After you have prepared all the documents accordingly, it is time to file your response with the court. This can be done electronically or in person at the court registry. Ensure that you have the necessary copies of your response and all the required filing fees.
5. Serve the Plaintiff: After successfully filing your response with the court, the court will issue you with a summon or a mention notice. You must serve the summons or mention notice together with a copy of the filed documents to the plaintiff or their advocate(s). Service of these documents should be carried by licensed process servers who are required to prepare and file an Affidavit of Service as proof that documents were served properly and per laid down rules in the Kenyan Civil Procedure Rules.
6. What to Expect Next: After filing the Affidavit of Service, you will await the court to give directions regarding mention and hearing. Ensure you stay informed about court proceedings, decisions, or deadlines.

When responding to a lawsuit, it's important to pay attention to details, understand your options, and properly prepare your response. By taking timely and appropriate action. If you have been served with a lawsuit and you are not sure what steps to take, reach out to Advocate Getter who will answer any of the questions you might have.